Now that U.S. Supreme Court nominee Brett Kavanaugh has made his speech before the Senate Judiciary Committee yesterday, we now know that he is as much an SJW (“social justice warrior”) as he is a swamp creature. After mentioning his daughters’ school basketball teams and his coaching, Kavanaugh stated, “Title IX helped make girls’ and women’s sports equal. And I see that law’s legacy every night when I walk into my house, as my daughters are getting back from lacrosse or basketball or hockey practice.”
I have a feeling he is totally unaware of how Title IX has been abused in these later years to remove due process rights of those accused of sexual assault, and allowing false accusers to get away with their false accusations with impunity. Or he might be aware of it but doesn’t think it’s that big a deal. That would be because he is an SJW.
Another reason to believe that Kavanaugh is a “social justice warrior” is that he also felt it important to point out: “My law clerks come from diverse backgrounds and points of view. A majority of my 48 law clerks have been women. More than a quarter of my law clerks have been minorities. And I’ve had far more African-American law clerks than the percentage of African-American students in U.S. law schools.” Yeah, we get it, we get it. Jeepers.
In her review of R. Shep Melnick’s book, The Transformation of Title IX: Regulating Gender Equality in Education, Christina Hoff Sommers wrote,
In April 2011, the head of OCR, Assistant Secretary of Education Russlynn Ali, sent out another now-famous Dear Colleague letter to colleges across the nation, outlining the radical steps colleges should take to curb an alleged epidemic of sexual mayhem on campus. Ali’s letter effectively mandated campus sex-crime tribunals. She advised schools to determine guilt by a very low standard—a “preponderance of evidence.” Mediation between accuser and accused was ruled out of order. The letter specified a new definition of sexual harassment: “unwelcome conduct of a sexual nature.” This definition includes casual comments—even jokes.
Ali’s goal, as Melnick explains, was to introduce a “new paradigm” into Title IX regulation. The old paradigm (that is, American law) attributes acts of sexual harassment to misbehaving individuals; the new paradigm (developed by radical legal theorists such as Catharine MacKinnon, professor at Michigan Law), blames systemic misogyny. For MacKinnon, an act of sexual harassment is part of a vast system of subordination—one of the many ways society “perpetuates the interlocked structures by which women have been kept sexually in thrall to men.” What did MacKinnonism entail for schools? To meet the new OCR standards, it was no longer enough for them to identify and punish serious perpetrators—the entire culture of the school had to change.
And in her book, Rape Culture Hysteria: Fixing the Damage Done to Men and Women, Wendy McElroy called for the outright repeal of Title IX. The courts’ expansion of Title IX has eroded the due process rights of the accused to the point that such rights no longer exist.
And I actually think that Kavanaugh really believes in “social justice warrior” activism, because the entire criminal justice (sic) system and education system are swarming with SJWs now. While the U.S. Supreme Court did rule on the side of the Christian baker who refused to bake a cake for a same-sex couple, the Justices’ opinion was loaded with SJW language throughout, and it was incoherent. Not a mention of private property rights or freedom of association, which are really the main principles involved in that kind of case. But the “conservatives” on the High Court are afraid to stand up for such principles. Kavanaugh will be one of them, and the Supreme Bureaucrats will continue with the incoherent rulings out of fear of offending this or that “social justice” group.
And Kavanaugh has good swamp creature cred as well. “Drain the swamp,” Donald? As a judge, Kavanaugh already is a rubber-stamp for the surveillance state, the police state and warmongering, and the CIA. He is an “apparatchik,” for sure.
I hope Rand Paul, who has already said he will vote to confirm Judge Kavanaugh, changes his mind, as well as that others come to their senses. But I am not holding my breath.